A man's DUI sentence was reduced by two years, according to the Daily Breeze, as an appellate court reversed the man's earlier conviction and sent it back to be retried due to the comments a judge had made regarding the presumption of innocence.
Carson resident, O.O., 32, returned to prison on December 27.
O.O. had been found guilty of vehicular manslaughter in a DUI-fueled accident that took the life of a popular local musician, and one other man. Both men were friends of O.O. The accident occurred on January 11, 2009, O.O. was found guilty in September 2010 and by November 2010 he began serving a seven-year sentence.
Due to comments made by former Orange County Superior Court Judge Richard Stanford Jr., a panel of justices from the Fourth District Court of Appeals decided to hold another trial.
The comments made by Stanford were to prospective jurors as he was attempting to explain the presumption of innocence standard. Stanford said, "It's not, for example, a mere possible doubt, because everything in life is open to possible or imaginary doubt. Instead it's the kind of the case where, after you heard all the evidence, it's left your mind in the kind of a state where you can't say you feel an abiding conviction of the truth of the charge. Whatever that means."
Stanford then added, "As soon as you hear evidence then it may tend to overcome" the presumption of innocence.
It was the reference in the last sentence, and the earlier, "whatever that means" comment, that the justices objected to.
Orange County Superior Court Judge Craig Robison offered O.O. a plea bargain on December 20 following the reversal.
O.O. pleaded guilty to vehicular manslaughter while intoxicated and admitted two sentencing enhancements for inflicting great bodily harm, though the prosecutors objected, O.O.'s sentence was now five years instead of the initial seven.
According to O.O.'s attorney, Ryan Rodriguez, O.O. has only one more year to serve as he has 1,347 days in custody credited.
Rodriguez said, "One of the reasons (the sentence) was reduced to five years was because both victims' families were in support of a reduction of the sentence, so the judge considered that given that if he went to trial again the most he would receive would be seven years."
At the original sentencing, the father of one of the deceased men commented that he didn't want O.O. to serve time in prison, as he didn't blame him for his son's death.
The incident occurred after the three men had attended a birthday party in La Habra. A girlfriend of one of the men telephoned, and asked them to collect her from Orange as a man was harassing her.
O.O offered to drive the other two men in a 1972 Chevy Nova.
While traveling southbound on the Orange Freeway, route 57, O.O. veered off of the road, into some trees and then the car burst into flames.
O.O.'s alcohol level tested at 0.068 percent, below the state limit of 0.08 percent, when it was taken about two hours after the accident.
Whether you are facing a new charge or a retrial in regards to DUI, DWI, OUI or OWI, contact a DUI attorney for help with your plea bargain and defense.